Employed barristers consultation

This will give more flexibility for barristers and their
employers, allowing them to work through agencies or other
corporate vehicles.

The current "scope of practice" rules do not permit some of the
more flexible working practices that are becoming commonplace. This
includes temporary or locum work, and other arrangements where the
employer's preference is to contract with an entity or agency for
the provision of in-house services.

Barristers who wish to work in this way are currently required
to seek a waiver from us.

For example, if an employed barrister wished to work for a
non-authorised body (for example, a local authority, a large
corporate body or a charity), it may not be possible for them
always to be employed directly by that non-authorised body, as it
is now common practice for such bodies to procure "in-house"
services through agencies.

Barristers may also wish to provide consultancy services through
companies wholly owned and directed by them (although the company
itself would not be held out as providing legal services) with a
contract for services in place between the company and the end user
of legal services.

The plan is to change the definition of "employed barrister
(non-authorised body)" so as remove unnecessary restrictions on the
way in which employed barristers can practise.

This is the first step in a wider review of scope of practice
restrictions.

If you believe you may be affected by the current arrangements,
please do not hesitate to get in touch with our Regulatory Policy
Department via regulatorypolicy@barstandardsboard.org.uk before
15 December.

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